Amendment ASA1-AB100

AB100-ASA1,1319,2 121.15 (3m) (b) By June 15, 1996, and annually by June 15 thereafter, the department, the department of administration and the legislative fiscal bureau shall jointly certify to the joint committee on finance an estimate of the amount necessary to appropriate under s. 20.255 (2) (ac) in the following school year to ensure that the sum of state school aids and the school levy tax credit under s. 79.10 (4) equals 66.7% two-thirds of partial school revenues.

AB100-ASA1, s. 2880m Section 2880m. 121.15 (4) of the statutes is amended to read:

AB100-ASA1,1319,12 121.15 (4) On July 1 and October 15, using the most accurate data available, the department state superintendent shall provide the department of revenue and each school district with an estimate of the total amount of state aid, as defined in s. 121.90 (2), the school district will receive in the current school year. On October 15, using the most accurate data available, the department state superintendent shall calculate the total amount of state aid, as defined in s. 121.90 (2), that each school district will receive in the current school year. Any adjustments to that calculation shall be made by increasing or decreasing the payment made in September of the following school year.

AB100-ASA1, s. 2177 Section 2177. 121.17 of the statutes is repealed and recreated to read:

AB100-ASA1,1319,19 121.17 Use of federal revenue sharing funds. It is the intent of the legislature that school districts receiving federal revenue sharing funds through the state under this subchapter shall utilize these funds in compliance with the federal revenue sharing requirements as defined in the state and local fiscal assistance act of 1972 (P.L. 92-512), as amended by P.L. 94-488. The department shall assure compliance with this section.

AB100-ASA1, s. 2881d Section 2881d. 121.23 (1) of the statutes is amended to read:

AB100-ASA1,1319,24 121.23 (1) In the event that the department state superintendent finds that school is not held, or educational standards are not maintained in accordance with s. 121.02 (1) (f) as the result of a strike by school district employes, make-up days are authorized to be scheduled but no make-up days are required.

AB100-ASA1, s. 2881h Section 2881h. 121.23 (2) (intro.) of the statutes is amended to read:

AB100-ASA1,1320,6 121.23 (2) (intro.) If a school district holds less than 180 days of school as the result of a strike by school district employes, for the purposes of computing general aid, the department state superintendent shall compute the school district's primary and secondary ceiling costs per member in accordance with the procedure specified in pars. (a) to (e). In making the calculation, the department state superintendent shall:

AB100-ASA1,1320,7 " Section 2881m. 121.41 (1) of the statutes is amended to read:

AB100-ASA1,1320,18 121.41 (1) State aid. To promote a uniformly effective driver education program among high school and technical college pupils, each school district operating high school grades, each county handicapped children's education board which provides the substantial equivalent of a high school education and each technical college district shall receive $100 for each pupil of high school age who completes a course in driver education approved by the department under s. 115.28 (11), but in no case may the state aid exceed the actual cost of instruction. If the appropriation under s. 20.255 (2) (r) (em) is inadequate in any year to provide $100 per pupil, the state aid shall be prorated after the appropriation for administration is deducted. Such state aid shall be paid at the same time as the state aid under s. 121.08 is paid.

AB100-ASA1, s. 2881p Section 2881p. 121.51 (1) of the statutes is amended to read:

AB100-ASA1,1321,3 121.51 (1) "Attendance area" is the geographic area designated by the governing body of a private school as the area from which its pupils attend and approved by the school board of the district in which the private school is located. If the private school and the school board cannot agree on the attendance area, the department state superintendent shall, upon the request of the private school and the board, make a final determination of the attendance area. The attendance areas of private schools affiliated with the same religious denomination shall not overlap unless one school limits its enrollment to pupils of the same sex and the other school limits its enrollment to pupils of the opposite sex or admits pupils of both sexes.

AB100-ASA1, s. 2881t Section 2881t. 121.52 (1) (b) of the statutes is amended to read:

AB100-ASA1,1321,8 121.52 (1) (b) The school board may adopt additional rules, not inconsistent with law or with rules of the secretary of transportation or the department state superintendent, for the protection of the pupils or to govern the conduct of the person in charge of the motor vehicle used for transportation of pupils for compensation.

AB100-ASA1, s. 2178 Section 2178. 121.52 (4) of the statutes is amended to read:

AB100-ASA1,1321,14 121.52 (4) The use of any motor vehicle to transport pupils shall be discontinued upon receipt of an order signed by the secretary state superintendent or the secretary of transportation ordering such discontinuance. Personnel under the secretary state superintendent or the secretary of transportation may ride any school bus at any time for the purpose of inspection.

AB100-ASA1, s. 2882d Section 2882d. 121.53 (6) of the statutes is amended to read:

AB100-ASA1,1321,19 121.53 (6) Within 10 days after its occurrence, every accident involving a motor vehicle while providing transportation under this subchapter shall be reported to the appropriate school board and promptly by the school board to the department state superintendent on forms provided by the department state superintendent.

AB100-ASA1, s. 2882h Section 2882h. 121.54 (3) of the statutes is amended to read:

AB100-ASA1,1322,5 121.54 (3) Transportation for children with exceptional educational needs. Every school board shall provide transportation for children with exceptional educational needs, as defined in s. 115.76 (3), to any public or private elementary or high school, to the Wisconsin school for the visually handicapped or the Wisconsin school for the deaf or to any special educational program for children with exceptional educational needs sponsored by a state tax-supported institution of higher education, regardless of distance, if the request for such transportation is approved by the department state superintendent. Approval shall be based on whether or not the child can walk to school with safety and comfort. Section 121.53 shall apply to transportation provided under this subsection.

AB100-ASA1, s. 2882p Section 2882p. 121.54 (4) (b) of the statutes is amended to read:

AB100-ASA1,1322,13 121.54 (4) (b) A school board, a county handicapped children's education board or a cooperative educational service agency may provide transportation regardless of distance for children with exceptional educational needs who attend a summer special education program under s. 115.83 (4), if a request for such transportation is approved by the department state superintendent. Approval shall be based on whether or not the child can walk to school with safety and comfort. Section 121.53 shall apply to transportation provided under this paragraph.

AB100-ASA1, s. 2882t Section 2882t. 121.54 (9) of the statutes is amended to read:

AB100-ASA1,1323,11 121.54 (9) Transportation in areas of unusual hazards. (a) In school districts in which unusual hazards exist for pupils in walking to and from the school where they are enrolled, the school board shall develop a plan which shall show by map and explanation the nature of the unusual hazards to pupil travel and propose a plan of transportation if such transportation is necessary, which will provide proper safeguards for the school attendance of such pupils. Copies of the plan shall be filed with the sheriff of the county in which the principal office of the school district is located. The sheriff shall review the plan and may make suggestions for revision deemed appropriate. The sheriff shall investigate the site and plan and make a determination as to whether unusual hazards exist which cannot be corrected by local government and shall report the findings in writing to the department state superintendent and the school board concerned. Within 60, but not less than 30, days from the day on which the department state superintendent receives the sheriff's report, the department state superintendent shall determine whether unusual hazards to pupil travel exist and whether the plan provides proper safeguards for such pupils. If the department state superintendent makes findings which support the plan and the determination that unusual hazards exist which seriously jeopardize the safety of the pupils in their travel to and from school, the school board shall put the plan into effect and state aid shall be paid under s. 121.58 (2) (c) for any transportation of pupils under this subsection. Any city, village or town may reimburse, in whole or in part, a school district for costs incurred in providing transportation under this subsection for pupils who reside in the city, village or town.

AB100-ASA1,1323,22 (am) Any person aggrieved by the failure of a school board to file a plan with the sheriff as provided in par. (a) may notify the school board in writing that an area of unusual hazard exists. The school board shall reply to the aggrieved person in writing within 30 days of receipt of the aggrieved person's notice. The school board shall send a copy of the board's reply to the sheriff of the county in which the principal office of the school district is located and to the department state superintendent. Upon receipt of the school board's reply, the aggrieved person may request a hearing before the department state superintendent for a determination as to whether an area of unusual hazard exists. If the department state superintendent determines that an area of unusual hazard exists, the department state superintendent shall direct the school board to proceed as provided in par. (a).

AB100-ASA1,1324,2 (b) Within 30 days after the sheriff's report is received by the department state superintendent, any aggrieved person may request a hearing before the department state superintendent on the determination by the sheriff and on the plan. After such hearing, the department state superintendent shall proceed as provided in par. (a).

AB100-ASA1,1324,6 (c) The department state superintendent and the department of transportation shall establish a definition of "unusual hazards" and "area of unusual hazards" for the implementation of this subsection. Such definition shall be promulgated, as a rule, by the department state superintendent.

AB100-ASA1, s. 2179 Section 2179. 121.56 of the statutes is amended to read:

AB100-ASA1,1324,17 121.56 School bus routes. The school board of each district shall make and be responsible for all necessary provisions for the transportation of pupils, including establishment, administration and scheduling of school bus routes. Upon the request of any school board, the department state superintendent shall provide advice and counsel on problems of school transportation. Any private school shall, upon the request of the public school officials, supply all necessary information and reports. The transportation of public and private school pupils shall be effectively coordinated to insure the safety and welfare of the pupils. Upon receipt of a signed order from the secretary state superintendent, the school board shall discontinue any route specified by the secretary state superintendent.

AB100-ASA1, s. 2884m Section 2884m. 121.57 (1) (b) of the statutes is amended to read:

AB100-ASA1,1324,23 121.57 (1) (b) This subsection also applies to handicapped children. The department state superintendent may grant permission for a handicapped child to be transported to a school in another school district if an acceptable form of transportation is provided and if such school offers equal or better educational opportunities for the child.

AB100-ASA1, s. 2180 Section 2180. 121.58 (5) of the statutes is amended to read:

AB100-ASA1,1325,7 121.58 (5) (title) Department State superintendent approval. If the department state superintendent is satisfied that transportation or board and lodging was provided in compliance with law, the department state superintendent shall certify to the department of administration the sum due the school district. In case of differences concerning the character and sufficiency of the transportation or board and lodging, the department state superintendent may determine such matter and its his or her decision is final.

AB100-ASA1, s. 2888m Section 2888m. 121.76 (2) (a) of the statutes is amended to read:

AB100-ASA1,1325,11 121.76 (2) (a) All tuition shall be calculated under s. 121.83 unless the department state superintendent approves an alternative procedure consistent with s. 121.75.

AB100-ASA1, s. 2889m Section 2889m. 121.77 (2) (a) and (b) of the statutes are amended to read:

AB100-ASA1,1325,18 121.77 (2) (a) A tuition claim for each nonresident pupil or adult for whom services were provided under this subchapter during the preceding school year. The claim shall be filed with the school district clerk under s. 121.78, the department state superintendent under s. 121.79, the county clerk under s. 121.80, the pupil's parent or guardian under s. 121.81 or the adult under s. 121.82. Credit shall be given for prepayments.

AB100-ASA1,1325,20 (b) A certified copy of each tuition claim under par. (a) with the department state superintendent.

AB100-ASA1, s. 2890c Section 2890c. 121.78 (1) (a) of the statutes is amended to read:

AB100-ASA1,1326,3 121.78 (1) (a) Upon the approval of the department state superintendent, the school board of the district of residence and the school board of the district of attendance may make a written agreement to permit an elementary or high school pupil to attend a public school, including an out-of-state school, outside the school district of residence, and the school district of residence shall pay the tuition. The school district of residence shall be paid state aid as though the pupil were enrolled in the school district of residence.

AB100-ASA1, s. 2181 Section 2181. 121.845 (3) of the statutes is repealed and recreated to read:

AB100-ASA1,1326,6 121.845 (3) "School" means an organized educational activity operated by the school board and approved by the department.

AB100-ASA1, s. 2894d Section 2894d. 121.85 (4) (b) of the statutes is amended to read:

AB100-ASA1,1326,10 121.85 (4) (b) Any school board that, prior to May 4, 1976, established a plan to reduce racial imbalance in the school district is eligible for state aid under sub. (6) (a) if the department state superintendent approves the plan.

AB100-ASA1, s. 2894h Section 2894h. 121.87 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,1326,16 121.87 (1) (intro.) Any school district that receives aid under this subchapter in the 1989-90 school year or in any school year thereafter shall submit a report to the department state superintendent, on a form provided by the department state superintendent, by August 15 of the following school year. The report shall include all of the following for the school year in which the school district received aid:

AB100-ASA1, s. 2894p Section 2894p. 121.87 (1) (e) of the statutes is amended to read:

AB100-ASA1,1326,19 121.87 (1) (e) Any other information requested by the department state superintendent.

AB100-ASA1, s. 2894t Section 2894t. 121.87 (2) of the statutes is amended to read:

AB100-ASA1,1326,22 121.87 (2) The department state superintendent shall develop a standard method for reporting under sub. (1).

AB100-ASA1, s. 2182 Section 2182. 121.90 (1) of the statutes is amended to read:

AB100-ASA1,1327,3 121.90 (1) "Number of pupils enrolled" means the number of pupils enrolled on the 3rd Friday of September, except that "number of pupils" excludes the number of pupils attending private schools under s. 119.23.

AB100-ASA1, s. 2183 Section 2183. 121.905 (1) of the statutes is amended to read:

AB100-ASA1,1327,7 121.905 (1) In this section, "revenue ceiling" means $5,300 $5,900 in the 1995-96 1997-98 school year and in any subsequent school year means $5,600 $6,100.

AB100-ASA1, s. 2184 Section 2184. 121.905 (3) (b) of the statutes is amended to read:

AB100-ASA1,1327,13 121.905 (3) (b) Divide the result in par. (a) by the sum of the average of the number of pupils enrolled in the 3 previous school years and the number of pupils enrolled who were school district residents and solely enrolled in a special education program provided by a county handicapped children's education board program in the previous school year.

AB100-ASA1, s. 2897m Section 2897m. 121.91 (2m) (c) (intro.) of the statutes is amended to read:

AB100-ASA1,1327,17 121.91 (2m) (c) (intro.) Except as provided in subs. (3) and, (4) and (6), no school district may increase its revenues for the 1997-98 school year to an amount that exceeds the amount calculated as follows:

AB100-ASA1, s. 2185 Section 2185. 121.91 (2m) (c) 1. of the statutes is amended to read:

AB100-ASA1,1327,24 121.91 (2m) (c) 1. Divide the sum of the amount of state aid received in the previous school year and property taxes levied for the previous school year, excluding funds described under sub. (4) (c), by the average of a number calculated by adding the number of pupils enrolled in the 3 previous school years, subtracting from that total the number of pupils attending private schools under s. 119.23 in the 4th, 3rd and 2nd preceding school years, and dividing the remainder by 3.

AB100-ASA1, s. 2186 Section 2186. 121.91 (2m) (c) 4. of the statutes is amended to read:

AB100-ASA1,1328,5 121.91 (2m) (c) 4. Multiply the result under subd. 3. by the average of a number calculated by adding the number of pupils enrolled in the current and the 2 preceding school years, subtracting from that total the number of pupils attending private schools under s. 119.23 in the 3 previous school years, and dividing the remainder by 3.

AB100-ASA1, s. 2187 Section 2187. 121.91 (2m) (d) 1. of the statutes is amended to read:

AB100-ASA1,1328,13 121.91 (2m) (d) 1. Divide the sum of the amount of state aid received in the previous school year and property taxes levied for the previous school year, excluding funds described under sub. (4) (c), by the average of a number calculated by adding the number of pupils enrolled in the 3 previous school years, subtracting from that total the number of pupils attending charter schools under s. 118.40 (2r) and private schools under s. 119.23 in the 4th, 3rd and 2nd preceding school years and dividing the remainder by 3.

AB100-ASA1, s. 2188 Section 2188. 121.91 (2m) (d) 4. of the statutes is amended to read:

AB100-ASA1,1328,19 121.91 (2m) (d) 4. Multiply the result under subd. 3. by the average of a number calculated by adding the number of pupils enrolled in the current and the 2 preceding school years, subtracting from that total the number of pupils attending charter schools under s. 118.40 (2r) and private schools under s. 119.23 in the 3 previous school years and dividing the remainder by 3.

AB100-ASA1, s. 2902e Section 2902e. 121.91 (3) (c) of the statutes is amended to read:

AB100-ASA1,1329,7 121.91 (3) (c) The referendum shall be held in accordance with chs. 5 to 12. The school district clerk shall provide the election officials with all necessary election supplies. The form of the ballot shall correspond substantially with the standard form for referendum ballots prescribed by the elections board under ss. 5.64 (2) and 7.08 (1) (a). The question submitted shall be whether the limit under sub. (1), (2) or (2m) may be exceeded by a specified amount. If the resolution provides that any of the excess revenue will be used for a nonrecurring purpose, the ballot in the election shall so state and shall specify the amount that will be used for a nonrecurring purpose. The school district clerk shall promptly certify the results of the referendum to the department state superintendent. The limit otherwise applicable to the school district under sub. (1), (2) or (2m) is increased by the amount approved by a majority of those voting on the question.

AB100-ASA1, s. 2902m Section 2902m. 121.91 (4) (a) of the statutes is amended to read:

AB100-ASA1,1329,13 121.91 (4) (a) 1. If a school board transfers to another governmental unit responsibility for providing any service that it provided in the preceding school year, the limit otherwise applicable under sub. (1), (2) or (2m) in the current school year is decreased by the cost that it would have incurred to provide that service, as determined by the department state superintendent.

AB100-ASA1,1329,18 2. If a school board increases the services that it provides by adding responsibility for providing a service transferred to it from another governmental unit in the previous school year, the limit otherwise applicable under sub. (1), (2) or (2m) in the current school year is increased by the cost of that service, as determined by the department state superintendent.

AB100-ASA1,1329,23 3. If responsibility for providing a service is transferred from one school board to another under subds. 1. and 2., the department state superintendent shall ensure that the amount of the decrease in the former school district's limit under sub. (2m) shall be equal to or greater than the amount of the increase in the latter school district's limit under sub. (2m).

AB100-ASA1, s. 2902s Section 2902s. 121.91 (4) (b) of the statutes is amended to read:

AB100-ASA1,1330,6 121.91 (4) (b) 1. If a school district increases its territory by a boundary change under s. 117.10, 117.11, 117.12, 117.13 or 117.132, the limit otherwise applicable in the school year beginning on the effective date of the boundary change under sub. (1), (2) or (2m) is increased by an amount equal to the cost of extending services to the attached territory in the school year to which the limit applies, as determined by the department state superintendent.

AB100-ASA1,1330,12 2. If a school district decreases its territory due to a boundary change under s. 117.11, 117.12, 117.13 or 117.132, the limit otherwise applicable in the school year beginning on the effective date of the boundary change under sub. (1), (2) or (2m) is decreased by an amount equal to the cost of services that it provided to the detached territory in the school year to which the limit applies, as determined by the department state superintendent.

AB100-ASA1, s. 2902v Section 2902v. 121.91 (4) (f) of the statutes is created to read:

AB100-ASA1,1330,19 121.91 (4) (f) 1. For the 1998-99 school year or any school year thereafter, if the average of the number of pupils enrolled in the current and the 2 preceding school years, as calculated under sub. (2m) (d) 4., is less than the average of the number of pupils enrolled in the 3 previous school years, as calculated under sub. (2m) (d) 1., the limit otherwise applicable under sub. (2m) (d) is increased by the amount determined as follows:

AB100-ASA1,1330,22 a. In the current school year, an amount equal to the additional amount that would have been calculated had the decline in average enrollment been 25% of what it was.

AB100-ASA1,1330,25 b. In the first succeeding school year, an amount equal to the additional amount that would have been calculated had the decline in average enrollment been 50% of what it was.

AB100-ASA1,1331,3 c. In the 2nd succeeding school year, an amount equal to the additional amount that would have been calculated had the decline in average enrollment been 75% of what it was.

AB100-ASA1,1331,6 2. Any additional revenue received by a school district as a result of subd. 1. shall not be included in the base for determining the school district's limit under sub. (2m) (d) for the following school year.

AB100-ASA1, s. 2189 Section 2189. 121.91 (5) of the statutes is amended to read:

AB100-ASA1,1331,15 121.91 (5) (a) Upon request by a school board, the department state superintendent may increase the school district's limit under sub. (1) by the amount necessary to allow the school district to avoid increasing its level of short-term borrowing over the amount of short-term borrowing incurred by the school district in the 1992-93 school year if the school district presents clear and convincing evidence of the need for the increase in the limit. The school board shall provide the department state superintendent with any information that the department state superintendent requires to make the determination.

AB100-ASA1,1331,19 (b) The department state superintendent shall submit to the governor, and to the legislature under s. 13.172 (2), a report summarizing the requests made by school boards under par. (a) and the increases granted by the department state superintendent.

AB100-ASA1, s. 2903g Section 2903g. 121.91 (6) of the statutes is created to read:

AB100-ASA1,1332,2 121.91 (6) In determining a school district's limit under sub. (2m) (c) for the 1997-98 school year, if the average of the number of pupils enrolled in the current and the 2 preceding school years, as calculated under sub. (2m) (c) 4., is more than 2% less than the average of the number of pupils enrolled in the 3 previous school years, as calculated under sub. (2m) (c) 1., the school district's limit shall be calculated as if the decrease had been 2%.

AB100-ASA1, s. 2903m Section 2903m. 121.92 (2) (intro.) of the statutes is amended to read:

AB100-ASA1,1332,5 121.92 (2) (intro.) The department state superintendent shall do all of the following: